We learn in civics class that each branch of the federal government is subject to certain checks and balances. Unfortunately, we learn that in real life there are few checks on the growing power of the judiciary.
Clark Neily documents this judicial abuse in his book, Terms of Engagement. The Constitution provides mechanisms that would constrain the power of judges, but most of these have been interpreted out of existence. He proposes that: “judges should base their rulings on the text of the Constitution instead of their own policy preferences.”
We are all familiar with times in which judges impose their will on people and the law as if they are legislators. Clark Neily also provides many examples of when judges abdicate their role and responsibility.
One example is Sandy Meadows, a widow who lived by herself in Louisiana and loved working with flowers. She had little education and nothing in the bank when her husband died. She supported herself making floral arrangements at an Albertson’s grocery store. Unfortunately, Louisiana is the one state in the country that licenses florists, just like doctors and lawyers.
When the Louisiana Horticulture Commission found out that Sandy was managing the floral department at Albertson’s without a license, they threatened to shut it down. The store had no choice and fired Sandy. She had no car, no phone, and eventually no electricity because she could not afford to pay her utility bill. Sandy Meadows died alone because the state would not allow to work in her profession and because Clark Neily could not convince a judge to protect her right to do so.
In the past, most of the cases of judicial abuse affected a small segment of society: florists, cosmetologists, undertakers, or other professions. The decision by Chief Justice John Roberts to twist the Constitution in order to approve the Affordable Care Act is affecting nearly all of us.
Clark Neily’s book is a reminder that the courts have too much power and are having a significant negative impact on our lives.